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Patrick, Esq., Lawyer

Category: Employment Law

Satisfied Customers: 12614

Experience: Significant experience in all areas of employment law.

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After been on workers comp due to a work injury, after been

Customer Question

hi there/ after been on workers comp due to a work injury , after been release by the doctor and back to work , they just fired me without a time or warning ,only work 4 hours.just want to know if this is legal, after so many talking i still don't know if I been fired or laid off.thank you...

If you can prove that you were let go in retaliation for filing a workers compensation claim, then you would have grounds to sue your employer for wrongful termination. Likewise, if you could prove that you were terminated because of the perception that you were disabled you would have a legal claim. You would not have a legal claim, however, if your employer was legitimately having financial problems and you were going to be let go despite your injury and medical issues. So, the question comes down to what your employer's true motivation was.

However, given that your employer terminated you so shortly after your return to work, a case can very likely made that your termination was against the law. Therefore, it would be in your best interest to immediately retain a local attorney. With an attorney, you can sue for disability discrimination and/or violation of Labor Code 132a, which is the CA statute which prohibits employers from retaliating against employees for filing workers comp claims. See here to locate an attorney in your area who can assist you with your claim.

You should be able to find an attorney willing to assist you on a contingency fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim).

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.